Commonwealth of Australia Bills
[Index]
[Search]
[Download]
[Related Items]
[Help]
This is a Bill, not an Act. For current law, see the Acts databases.
TELECOMMUNICATIONS AMENDMENT (INTEGRATED PUBLIC NUMBER DATABASE) BILL 2009
2008-2009
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Telecommunications Amendment
(Integrated Public Number Database)
Bill 2009
No. , 2009
(Broadband, Communications and the Digital Economy)
A Bill for an Act to amend the Telecommunications
Act 1997, and for related purposes
i Telecommunications Amendment (Integrated Public Number Database) Bill 2009 No.
, 2009
Contents
1
Short title ............................................................................................ 1
2
Commencement .................................................................................. 1
3
Schedule(s) ......................................................................................... 1
Schedule 1--Amendme nts
3
Part 1--Data for emergency warnings
3
Telecommunications Act 1997
3
Part 2--Location dependent carriage services
10
Telecommunications Act 1997
10
Telecommunications Amendment (Integrated Public Number Database) Bill 2009 No. ,
2009 1
A Bill for an Act to amend the Telecommunications
1
Act 1997, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Telecommunications Amendment
5
(Integrated Public Number Database) Act 2009.
6
2 Commence ment
7
This Act commences on the day after it receives the Royal Assent.
8
3 Schedule(s)
9
Each Act that is specified in a Schedule to this Act is amended or
10
repealed as set out in the applicable items in the Schedule
11
2 Telecommunications Amendment (Integrated Public Number Database) Bill 2009 No.
, 2009
concerned, and any other item in a Schedule to this Act has effect
1
according to its terms.
2
3
Amend ments Schedule 1
Data for emergency warn ings Part 1
Telecommunications Amendment (Integrated Public Number Database) Bill 2009 No. ,
2009 3
1
Schedule 1
--
Amendments
2
Part 1
--
Data for emergency warnings
3
Telecommunications Act 1997
4
1 At the end of Division 1 of Part 13
5
Add:
6
275B Emergency manage ment person
7
(1) In this Part:
8
emergency management person means a person who holds,
9
occupies or performs the duties of an office or position specified
10
under subsection (2).
11
(2) The Minister administering the Administrative Decisions (Judicial
12
Review) Act 1977 may, by legislative instrument, specify either or
13
both of the following for the purposes of the definition of
14
emergency management person in subsection (1) of this section:
15
(a) offices;
16
(b) positions.
17
(3) Offices or positions established by or under a law of a State or
18
Territory may be specified under subsection (2).
19
(4) Subsection (3) does not limit subsection (2).
20
(5) Before making an instrument under subsection (2), the Minister
21
administering the Administrative Decisions (Judicial Review) Act
22
1977 must consult the Minister administering this Act.
23
275C Eme rgency
24
In this Part:
25
emergency means an emergency or disaster (however described)
26
within the meaning of an emergency law.
27
Schedule 1 A mendments
Part 1 Data for emergency warnings
4 Telecommunications Amendment (Integrated Public Number Database) Bill 2009 No.
, 2009
275D Emergency law
1
(1) In this Part:
2
emergency law means a law specified under subsection (2).
3
(2) The Minister administering the Administrative Decisions (Judicial
4
Review) Act 1977 may, by legislative instrument, specify a law of a
5
State or a Territory for the purposes of the definition of emergency
6
law in subsection (1) of this section.
7
275E Relevant information
8
In this Part:
9
relevant information means information, or the contents of a
10
document, disclosed as permitted by section 285A.
11
2 After section 285
12
Insert:
13
285A Data for eme rgency warnings
14
(1) Sections 276 and 277 do not prohibit a disclosure by a person of
15
information or a document if:
16
(a) the information is, or the document consists of, information
17
(including unlisted telephone numbers) contained in an
18
integrated public number database; and
19
(b) the disclosure is made to an emergency management person;
20
and
21
(c) the disclosure is made for the purpose of the information, or
22
the contents of the document, being later used or disclosed:
23
(i) for a purpose connected with persons being alerted to an
24
emergency or a likely emergency; or
25
(ii) for the purpose of reasonable testing of whether, in the
26
event of an emergency occurring, persons would be able
27
to be alerted to that emergency.
28
(2) In this section:
29
integrated public number database means:
30
Amend ments Schedule 1
Data for emergency warn ings Part 1
Telecommunications Amendment (Integrated Public Number Database) Bill 2009 No. ,
2009 5
(a) an integrated public number database maintained by Telstra
1
as mentioned in Part 4 of Schedule 2; or
2
(b) an integrated public number database maintained by a person
3
as mentioned in section 472.
4
3 After Division 3A of Part 13
5
Insert:
6
Division 3B--Emergency warnings
7
295V Use or disclosure of information by e mergency manage ment
8
persons
9
Likely emergencies
10
(1) If an emergency management person believes on reasonable
11
grounds that an emergency is likely to occur, the person may use or
12
disclose relevant information (other than the names of persons) for
13
a purpose connected with persons being alerted to that likely
14
emergency.
15
Actual emergencies
16
(2) If an emergency occurs, an emergency management person may
17
use or disclose relevant information (other than the names of
18
persons) for a purpose connected with persons being alerted to that
19
emergency.
20
Testing
21
(3) An emergency management person may use or disclose relevant
22
information (other than the names of persons) for the purpose of
23
reasonable testing of whether, in the event of an emergency
24
occurring, persons would be able to be alerted to that emergency.
25
Other
26
(4) An emergency management person may disclose relevant
27
information (other than the names of persons) to another person for
28
the purpose of the information being later used or disclosed for a
29
purpose connected with persons being alerted to an emergency or a
30
likely emergency.
31
Schedule 1 A mendments
Part 1 Data for emergency warnings
6 Telecommunications Amendment (Integrated Public Number Database) Bill 2009 No.
, 2009
295W Use or disclosure of information by other persons
1
Actual or likely emergencies
2
(1) If information is disclosed to a person as permitted by subsection
3
295V(1) or (2) or this subsection, the person may use or disclose
4
the information for a purpose connected with persons being alerted
5
to the emergency or likely emergency concerned.
6
Testing
7
(2) If information is disclosed to a person as permitted by subsection
8
295V(3) or this subsection, the person may use or disclose the
9
information for the purpose of reasonable testing of whether, in the
10
event of an emergency occurring, persons would be able to be
11
alerted to that emergency.
12
Other
13
(3) If information is disclosed to a person as permitted by subsection
14
295V(4) or this subsection, the person may use or disclose the
15
information for a purpose connected with persons being alerted to
16
an emergency or a likely emergency.
17
295X Effect on telecommunications network
18
In using or disclosing information that is permitted by
19
section 295V or 295W, a person must take reasonable steps to
20
ensure that the use or disclosure does not adversely affect the
21
operation of a telecommunications network.
22
295Y Coronial and other inquiries
23
The disclosure of relevant information to:
24
(a) a coronial inquiry; or
25
(b) another inquiry specified by the Minister administering the
26
Administrative Decisions (Judicial Review) Act 1977, by
27
legislative instrument, for the purposes of this paragraph;
28
in relation to an emergency or likely emergency is taken, for the
29
purposes of this Division, to be a disclosure for a purpose
30
connected with persons being alerted to the emergency or likely
31
emergency concerned.
32
Amend ments Schedule 1
Data for emergency warn ings Part 1
Telecommunications Amendment (Integrated Public Number Database) Bill 2009 No. ,
2009 7
295Z Offence--use or disclosure of information by eme rgency
1
manage ment persons
2
An emergency management person commits an offence if:
3
(a) the person uses or discloses relevant information; and
4
(b) the use or disclosure is not permitted under section 295V.
5
Penalty: Imprisonment for 2 years.
6
295ZA Offence--use or disclosure of information by other persons
7
(1) A person commits an offence if:
8
(a) information is disclosed to the person as permitted by
9
subsection 295V(1) or (2) or 295W(1); and
10
(b) the person uses or discloses the information; and
11
(c) the use or disclosure referred to in paragraph (b) of this
12
subsection is not for a purpose connected with persons being
13
alerted to the emergency or likely emergency concerned.
14
Penalty: Imprisonment for 2 years.
15
(2) A person commits an offence if:
16
(a) information is disclosed to the person as permitted by
17
subsection 295V(3) or 295W(2); and
18
(b) the person uses or discloses the information; and
19
(c) the use or disclosure referred to in paragraph (b) of this
20
subsection is not for the purpose of reasonable testing of
21
whether, in the event of an emergency occurring, persons
22
would be able to be alerted to that emergency.
23
Penalty: Imprisonment for 2 years.
24
(3) A person commits an offence if:
25
(a) information is disclosed to the person as permitted by
26
subsection 295V(4) or 295W(3); and
27
(b) the person uses or discloses the information; and
28
(c) the use or disclosure referred to in paragraph (b) of this
29
subsection is not for a purpose connected with persons being
30
alerted to an emergency or a likely emergency.
31
Penalty: Imprisonment for 2 years.
32
Schedule 1 A mendments
Part 1 Data for emergency warnings
8 Telecommunications Amendment (Integrated Public Number Database) Bill 2009 No.
, 2009
295ZB Reports of access
1
(1) If an emergency management person discloses relevant
2
information, the person must give a written report to the Minister
3
administering the Administrative Decisions (Judicial Review) Act
4
1977 and to the ACMA that covers the following matters:
5
(a) if the disclosure occurred under subsection 295V(1) or (2)--a
6
description of the emergency or likely emergency concerned
7
and its location;
8
(b) in any case--the number of telephone numbers that were
9
disclosed and the day that disclosure occurred;
10
(c) in any case--the number of persons to whom the emergency
11
management person disclosed those numbers and the purpose
12
of each disclosure.
13
(2) The emergency management person must give the report to the
14
Minister administering the Administrative Decisions (Judicial
15
Review) Act 1977 and to the ACMA as soon as practicable after the
16
last disclosure referred to in paragraph (1)(c) of this section occurs
17
(disregarding section 295Y).
18
295ZC Annual reports to the ACMA and Privacy Commissioner
19
If an emergency management person discloses relevant
20
information during a financial year, the person must, within 2
21
months after the end of that financial year, give a written report to
22
the ACMA and to the Privacy Commissioner that covers the
23
following matters in relation to each such disclosure:
24
(a) if the disclosure occurred under subsection 295V(1) or (2)--a
25
description of the emergency or likely emergency concerned
26
and its location;
27
(b) in any case--the number of telephone numbers that were
28
disclosed and the day that disclosure occurred;
29
(c) in any case--the number of persons to whom the emergency
30
management person disclosed those numbers and the purpose
31
of each disclosure (whether the disclosure occurred in that
32
financial year or the following financial year).
33
295ZD Arrangements with States and Territories
34
(1) The Minister administering the Administrative Decisions (Judicial
35
Review) Act 1977 may make arrangements with a Minister of a
36
Amend ments Schedule 1
Data for emergency warn ings Part 1
Telecommunications Amendment (Integrated Public Number Database) Bill 2009 No. ,
2009 9
State or a Territory with respect to the performance of functions or
1
duties, or the exercise of powers, by an emergency management
2
person under this Division.
3
(2) An instrument by which an arrangement under this section is made
4
is not a legislative instrument.
5
295ZE Commonwealth immunity
6
No action, suit or proceeding lies against the Commonwealth in
7
relation to loss, damage or injury to any person or property as a
8
result of the use or disclosure of relevant information:
9
(a) for a purpose connected with persons being alerted to an
10
emergency or a likely emergency; or
11
(b) for the purpose of reasonable testing of whether, in the event
12
of an emergency occurring, persons would be able to be
13
alerted to that emergency.
14
4 Subparagraph 306(1)(b)(i)
15
After "285,", insert "285A,".
16
17
Schedule 1 A mendments
Part 2 Location dependent carriage services
10 Telecommunications Amendment (Integrated Public Number Database) Bill 2009
No. , 2009
1
Part 2
--
Location dependent carriage services
2
Telecommunications Act 1997
3
5 After section 291
4
Insert:
5
291A Location dependent carriage services
6
(1) Sections 276 and 277 do not prohibit a disclosure by a person of
7
information or a document if:
8
(a) the information or document relates to information (other
9
than information relating to an unlisted telephone number)
10
contained in an integrated public number database; and
11
(b) the disclosure is to a carrier or a carriage service provider;
12
and
13
(c) the disclosure is made for a purpose of, or is connected with,
14
the supply, or proposed supply, by a person of a location
15
dependent carriage service.
16
(2) Sections 276 and 277 do not prohibit a disclosure or use by a
17
carrier or a carriage service provider of information or a document
18
if:
19
(a) the information or document relates to information (other
20
than information relating to an unlisted telephone number)
21
contained in an integrated public number database; and
22
(b) the disclosure or use is made for a purpose of, or is connected
23
with, the supply, or proposed supply, by a person of a
24
location dependent carriage service.
25
(3) In this section:
26
integrated public number database means:
27
(a) an integrated public number database maintained by Telstra
28
as mentioned in Part 4 of Schedule 2; or
29
(b) an integrated public number database maintained by a person
30
as mentioned in section 472.
31
Amend ments Schedule 1
Location dependent carriage services Part 2
Telecommunications Amendment (Integrated Public Number Database) Bill 2009 No. ,
2009 11
location dependent carriage service means a carriage service that
1
depends for its provision on the availability of information about
2
the addresses of end users of the carriage service.
3
6 After section 302
4
Insert:
5
302A Location dependent carriage services
6
(1) If information or a document is disclosed to a person as permitted
7
by section 291A or this subsection, a person must not disclose or
8
use the information or document except for the purpose of, or in
9
connection with, the supply, or proposed supply, by a person of a
10
location dependent carriage service.
11
Note:
Section 291A deals with the disclosure or use of information or
12
documents for the purposes of the supply, or proposed supply, by a
13
person of a location dependent carriage service.
14
(2) In this section:
15
location dependent carriage service means a carriage service that
16
depends for its provision on the availability of information about
17
the addresses of end users of the carriage service.
18
7 Subparagraph 306(1)(b)(i)
19
Omit "or 291", substitute ", 291 or 291A".
20